Detailed answer — how revocation of wills works in Alabama

This is a common and practical question. In Alabama you can replace an old will by creating a properly executed new will that expressly revokes prior wills. You do not have to file either the old or the new will with any court during your lifetime. A validly executed later will typically controls and will be the operative document when you die.

Key points you need to know:

• To revoke an earlier will by making a new one, the new will must be properly executed under Alabama law. Proper execution usually means the testator (the person making the will) has the necessary legal capacity and the will is signed and witnessed according to Alabama requirements.
• Most people include a clear revocation clause in the new will (for example, “I revoke all prior wills and codicils”). That clause makes your intent to replace earlier wills explicit.
• Physical destruction of the earlier will by the testator (for example, tearing, burning, or otherwise destroying it with intent to revoke) also revokes a will under Alabama law. But destruction can lead to disputes unless clear evidence of intent exists.
• Until your death, you generally do not file a will with a probate court. The will is filed with the probate court only after your death for purposes of opening probate. Creating a new will does not require filing anything with a court during your lifetime.

For the authoritative statutory language and other formal rules, consult the Alabama statutes governing wills and probate on the Alabama Legislature site: https://www.legislature.state.al.us/ (search the Code of Alabama for the provisions on wills and revocation).

Step-by-step practical checklist to create a new will that revokes the old one

1. Decide to replace the old will.

   Confirm you want the new will to control. A new will can revoke an old one in whole or in part. If you only want to change a small item, consider a codicil (an amendment) instead of a whole new will.

2. Draft the new will with a clear revocation clause.

   Include a short clause such as: “I hereby revoke all prior wills and codicils.” This leaves no doubt about your intent to replace earlier documents.

3. Meet Alabama’s execution requirements.

   Make sure the new will is signed and witnessed exactly as Alabama law requires. If the will is not validly executed, the earlier will might still be effective.

4. Destroy or remove old copies (optional but helpful).

   Safely destroying the older will or marking it as revoked and putting it away reduces the chance someone will try to probate the old document by mistake. If you destroy the old will yourself, do so deliberately and keep a note of that act (who witnessed it, if anyone).

5. Tell a trusted person where the new will is kept.

   Give your executor or a trusted family member clear instructions about where the will is stored so the correct document can be located after your death.

Sample revocation language you can use

Simple and clear language avoids ambiguity. Examples:

• “I hereby revoke all prior wills and codicils.”
• “This will supersedes all wills and codicils previously executed by me.”

Place the revocation clause near the start of the new will so the testator’s intent is obvious.

Common issues and how to avoid them

• Improper execution of the new will.

  If the new will is not signed or witnessed properly, a court may declare it invalid and apply the earlier will instead. Always follow Alabama’s signing and witnessing rules when you execute the document.

• Uncertainty about holographic or handwritten wills.

  Some handwritten wills can be effective in some states under narrow circumstances. If you intend a handwritten will to replace a typed will, get legal advice to make sure the handwriting and formalities meet Alabama law.

• Accidental revocation.

  Actions like tearing or marking up an old will can revoke it only if done with the intent to revoke. Avoid ambiguous acts; instead, execute a clear new will and, if you prefer, destroy the old one intentionally.

• Multiple copies in different places.

  People often keep copies in safes, with lawyers, banks, or family members. It helps to notify the person who will handle your affairs so they know which version you intended to be final.

When to get legal help

If your estate is large, if you have blended-family issues, if you suspect someone might challenge capacity or undue influence, or if your situation involves trusts, out-of-state property, or complex tax issues, consult an Alabama attorney who practices estate planning. A lawyer can make sure the new will is drafted and executed so it will survive a challenge.

Helpful hints

• Always sign and have the new will witnessed following Alabama law so the revocation will be effective.
• Use explicit revocation language in the new will to remove doubt.
• Destroy earlier copies physically and keep a record of that destruction if you choose to do so.
• Store the original new will in a safe but accessible place and tell your executor where it is located.
• Keep a short dated memo with the will explaining that the new will replaces prior wills (this can help in contested situations).
• If you use an attorney, ask whether they will keep the original safe and how they handle prior client wills.